Personal Injury Blog

ACLU Files Lawsuit Against L. A. County Sheriff

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Jan 182012

Los Angeles County Sheriff, Lee Baca is under fire from the local American Civil Liberties Union regarding abuse of prisoners in the county jail. This police misconduct case has been brewing for months.

According to Southern California Public Radio (SCPR), “The American Civil Liberties Union of Southern California Wednesday filed a federal civil rights lawsuit that accuses Sheriff Lee Baca of failing to stop a ‘pattern and practice of deputy-on-inmate violence’ inside L.A. County jails.

“Baca is responsible for the operation of the jails. His deputies act as guards. The suit also names three of Baca’s top commanders.

The lawsuit, filed on behalf of inmates, says Baca and his commanders ‘are aware of the culture of deputy violence that pervades the jails but have failed to take reasonable measures to remedy the problem.’ The suit says the sheriff is in violation of the U.S. Constitution’s Eighth and Fourteenth Amendments, which provide citizens reasonable protection from violence and excessive force.

A group of deputies within the jail called the “3000 Boys” is responsible, according to the lawsuit, for the abuse of prisoners. The lawsuit also alleges Sheriff Baca knew of this group and did little to stop them.

Syracuse University Faces Lawsuit over Sexual Abuse Case

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Dec 132011

Several weeks ago allegations were made against the former Penn State assistant coach Jerry Sandusky in regard to child sexual abuse. Since this time 10 other alleged victims have come forward and Sandusky is out on $250,000 bail under house arrest.

Now, more recently at Syracuse University, associate coach Bernie Fine has also been accused of molestation by a pair of stepbrothers. Bobby Davis and Mike Lang, 39-years-old and 45-years-old respectively, because of their age and when the offenses are said to have occurred are past the statute of limitations in which to file a case.

But, instead the two are filing a defamation of character lawsuit again Syracuse University and their men’s basketball head coach Jim Boeheim for public remarks he had made when he learned of the accusations. Bernie Fine had been fired within 10 days of ESPN reporting the accusations.

JP Morgan Sued by Madoff Victims

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Nov 092011

Former customers turned victims of Ponzi scheme engineer Bernie Madoff are suing financial institution JP Morgan Chase and Company for $19 billion. The claimants are stating that JP Morgan turned a blind eye to the massive fraud scheme.

According to Reuters, “JPMorgan was Madoff’s bank for two decades. The lawsuit, filed in federal court in Manhattan, claims the bank was ‘thoroughly complicit’ in concealing Madoff’s fraud … The class action lawsuit asserts that even a cursory examination of the finances of Bernard L. Madoff Investment Securities LLC would have revealed that the money was not used to follow an investment strategy but simply flowed between Madoff and his customers.”

JP Morgan Chase meanwhile deny responsibility simply stating that no one at the financial firm knew what Madoff was up to and therefore could not reasonably take action against the fraudster.

Man Gets $2 Million in Colonoscopy Lawsuit

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Oct 242011

A Philadelphia jury decided that two doctors were at fault and rewarded a 62-year-old man $2 million in a colonoscopy gone wrong case. According to the case, the man had perforations in his colon due to the initial colonoscopy and the follow up colonoscopy.

The jury decided that the doctors had overinflated the patient’s colon and as a result had to remove over 24-inches of his lower intestine in this medical malpractice case.

According to post-gazette.com, “A 12-member Philadelphia jury deliberated for eight hours over two days before finding this month that Michael Resnick, who performed the colonoscopy on Richard McCade, was 60 percent negligent for Mr. McCade’s perforated colon and resulting surgeries. The jury found Lawrence M. Wald was 40 percent negligent for allegedly further perforating Mr. McCade’s colon during follow-up procedures to fix subsequent complications from the initial tear.”

Because of the perforations, the patient had to seek emergency care on two different occasions. The initial CT scan showed no perforation, but a CT scan a few days later confirmed that there was a perforation in the patient’s colon.

Visiting Professor Sues Over Non Lethal Use of Force

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Sep 212011

A visiting professor to Carnegie Mellon University in Pittsburgh, PA is suing the police department over an incident that happened two years ago. According to the lawsuit, police officers and their superiors tried to disperse protesters using a non-lethal weapon.

The non-lethal weapon in question is called a Long Range Acoustic Device which “emits harmful, pain-inducing sounds over long distances.” The visiting professor, one Karen Piper claims that even though she wasn’t part of the protest, she was on the receiving end of the acoustic device.

As a consequence Piper states that she had suffered permanent hearing damage. The incident happened during a Group of 20 economic summit on campus in September 1999.

Canadian Conservatives Sue Asbestos Widow

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Aug 152011

Canadian conservatives are threatening to sue a widow who lost her husband to lung cancer because of his contact with asbestos. The widow has now turned into an anti-asbestos activisit.

According to the National Post, “In 2007, Ms. Keyserlingk’s husband, Robert, was diagnosed with mesothelioma, a cancer that attacks the internal walls of the lungs. As a non-smoker and marathon runner, Mr. Keyserlingk doctors soon traced the illness to a string of summers he had spent as a naval cadet. Living on a ship in close-quarters with asbestos-insulated pipes, Mr. Keyserlingk had inhaled enough of the fibers to lay the seeds of an asbestos-linked disease 40 years later. He died of the disease in December, 2009.”

The widow, Michaela Keyserlingk, states that Canada is the only country in the G8 that continues to mine and export asbestos even when it has been proven on numerous occasions to cause cancer. One only has to check out the numerous mesothelioma lawsuits and verdicts to see that this is true. If you follow the link I’ve posted you can see a picture of an open pit mine in the city of Asbestos, Quebec. Enough said.

Gun Manufacturer Settles Wrongful Death Lawsuit

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Jul 262011

Massachusetts gun-maker Kahr Arms settled a wrongful death lawsuit for $600,000. According to the lawsuit, Danny Guzman who was 26-years-old at the time was killed outside of a Worcester nightclub in 1999 after a gun was smuggled out from the company by an employee who was a known criminal.

According to Star News Online, “In a 2002 wrongful death suit against Kahr Arms, of Worcester, Guzman’s family alleged that the gun was stolen and later sold by a Kahr employee with a criminal record.

“The Brady Center to Prevent Gun Violence announced the settlement in Washington, D.C., calling it the largest damages payment ever made by a gun manufacturer accused of negligence leading to the criminal use of a gun.”

The family of Danny Guzman said that Kahr Arms should have done more to protect the public such as run background checks on their employees and install metal detectors at the doors of the facility.

Same Sex Marriage Lawsuit Filed in New Jersey

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Jun 292011

On the coattails of the New York State decision to allow same sex marriages, the Garden State, New Jersey has been hit will a lawsuit asking for the same rights. The lawsuit claims the state is engaging in discrimination because of sexual orientation.

The state of New Jersey does allow for civil unions, which in theory offers the same rights as marriage. The activists bringing forth the lawsuit, Garden State Equality, says in practice the rights are not the same.

According to NJ.com, “But plaintiffs said the legal rights are only equal only in theory. They offered stories about trying to visit their partners in hospitals or make medical decisions for them, but being initially denied by staff who did not understand what a civil union was.

“Daniel Weiss, for instance, had to show doctors his civil union ring to show that he could make medical decisions for his long-time partner, John Grant, after Grant was struck by a car and his skull shattered in Manhattan. Despite explaining it to attending doctors, the hospital called Grant’s sister up from Delaware – four hours away – to make medical decisions for him.”

The New Jersey Governor Chris Christie has vowed to veto any same sex marriage legislation that crosses his desk, so the advocacy group decided that bringing a lawsuit through the courts was the most reasonable course of action.

NYPD Stop and Frisk Lawsuit Filed

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May 272011

The ACLU has filed a lawsuit against the New York Police Department (NYPD) for their “Stop and Frisk” program citing it as unconstitutional. The Taxi/Livery Inspection Program (TRIP) was originally put into place to deter criminals from robbing cab drivers.

However, cab drivers are now complaining that they and their passengers are being pulled over and frisked without cause.

According to the NYCLU Executive Director Donna Lieberman, “Over the past few years, NYPD officers have stopped and frisked millions of innocent people for walking in the wrong neighborhood at the wrong time, and now the Department has extended this unlawful practice to passengers in livery cars. It’s just another disturbing example of the NYPD’s campaign of excessive and racially lopsided policing, and we’re confident the courts will put a stop to it.”

The two men named in the lawsuit who were pulled out of cabs by the NYPD include a black radio host and a lawyer.

Libel Lawsuit Settled In Katie Holmes Case

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Apr 282011

Actress Katie Holmes (and wife of Tom Cruise) has settled a $50 million lawsuit against Star magazine. This defamation of character lawsuit claimed Star had committed libel against Holmes by stating that she was addicted to drugs.

Star published this public apology to Holmes, “Star apologizes to Ms. Holmes for any misperception and will be making a substantial donation to charity on Ms. Holmes’ behalf for any harm that we may have caused.”

Besides the apology the settlement also included a large undisclosed donation by Star to a charity of Holmes’ choice. The article by Star magazine was more about Scientology of which Holmes and Cruise participate than a direct attack on Holmes.

But, nevertheless, having Holmes on the cover in order to sell Star magazines landed the company with a rather large lawsuit for the defamation.

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